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Advice on Illinois Secretary of State hearings for driver's license suspension for minor in possession of alcohol charge.

Chicago, IL |

Convicted of minor in possession of alcohol in Michigan (MI). Illinois (IL) secretary of state (SOS) suspended driver's license. I have a right to a hearing, but unsure whether to choose formal hearing or informal hearing.

With a formal hearing I can contest the suspension--(1) MI charged only possession, while IL suspended as if possession in motor vehicle; so these two statues aren't parallel. But its still true. Further, (2) IL cited as authority a code section that is minor driving with open container. I was a non-driving passenger on a boat. So I am not sure whether the SOS will care since I was on a motor vehicle, but wasn't cited for it. But I can alternatively ask for a restricted driving permit.

In a informal hearing, I can only try to get a restrict driving permit.

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Attorney answers 2


Good observations overall. Let me pont out that it's possible that you will receive an amended order citing the correct authority section. If you don't I am sure they will let the SOS amend it at the hearing. The bigger point is, you were under 21. You had alcohol. You therefore violated a local ordinance that prohibits such possesion., regardless of whether you are intoxicated and or were driving. That's enough to suspend, under 6-206(a)(38) for a conviction or (a)(43) for supervision.
I would opt for informal. You will need an Investigative Drug and Alcohol evaluation. And you need to tell them that you quit drinking and won't drink again until 21. Because I am SURE that's true, right?


I agree with the excellent analysis by Counsel Harvatin.

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